DELL QUAY MARINE
General Terms & Conditions of Business
In the interests of business and Client transactions and those of
Health, Safety, Harbour Conservancy and Local Authority By-Laws, Assistance
to the Emergency Services, the constraints applied by our Landlords and Insurers, and all statutory
obligations, the following conditions apply
where applicable to any individual or organisation using our services or accessing the premises
whether by invitation or otherwise:
Definitions :
"We", "Our", "Us" : Refers to
The Partners or their delegates trading as Dell Quay Marine.
"Yard", "Premises" : Refers to The Land,
Buildings, Slipway, Jetty, Pontoon, Foreshore and Moorings
otherwise known as Dell Quay Yacht Yard and operated by Dell Quay Marine.
"Registered" : Refers to Instructions from any
individual or organisation for Yard Services, either
verbal, written or electronic and accepted on the understanding that our Terms and
Conditions of Business shall apply to each and every transaction.
"Customer", "Client" : Refers to any
individual or organisation who is registered with us for Yard Services.
"Owner" : Refers to the lawful Owner of a vessel
who is a registered client of Dell Quay Marine.
"Absent Owner" : Refers to whoever parks and leaves
a vessel or any other item on the premises
who has not registered for storage or informed us of basic personal details, including
name, permanent address and contact details. It also refers to anyone who is registered
for storage and fails to inform us of a change in permanent address and contact details.
.
"Visitors" : Refers to anyone visiting the premises for whatever purpose, whether
by invitation or otherwise.
"Contractor" : Refers to an Artisan instructed by
us or an Owner[ see Appendix 1- Item 7 ] to provide
services on a vessel parked in the Yard or attached to a Mooring.
1. LIABILITY
A. We shall not be liable for any loss or damage caused by events or circumstances beyond our
reasonable control (such as extreme
weather conditions, the actions of third parties not employed by us or latent defects); this
includes loss or damage to vessels, gear, equipment
or other goods left with us for repair or storage, and harm to persons entering the premises and/or
using facilities or equipment; customers
should ensure that their own personal and property insurance covers such risks.
B. Customers may themselves be liable for any loss or damage caused by them, their crew or
their vessels. Any vessel, gear, equipment or
other goods are left with us at the customer's own risk; the customer should maintain adequate
insurance which should also cover third
party liability of at least £1,000,000.
2. PRICES AND ESTIMATES
A. In the absence of express agreement to the contrary our price for work shall be based on
time and materials expended and services provided.
B. When we give an estimate or indication of price - in writing or orally - we will exercise
skill and judgment in doing so. Such estimates are
subject always to the accuracy of information provided by the customer and are usually based only on
a superficial examination and
will not include the cost of any additional repairs or work found necessary to the vessel and/or
gear or equipment during the work nor the
cost of any extensions to the work comprised in the estimate.
C. We will inform the customer promptly of any proposed increase in estimated prices and the
reasons therefore and will only proceed with the
work with the approval of the customer. In those circumstances the customer's liability for any work
already completed or goods already
supplied or to be supplied shall be unaffected.
3. DELAYS
The time for completion of our work is given in good faith but is not guaranteed. We shall not be
responsible for any delay in completion of the
work or for the consequences of any such delay unless it arises from our willful acts or omissions
or from our negligence.
4. VESSEL MOVEMENTS
We reserve the right to move any vessel, gear, equipment or other goods at our discretion for
reasons of safety or good management.
5. PAYMENT
A. Unless otherwise agreed in writing the price of all work, goods and services shall be due
immediately on invoice date.
B. Pending receipt of payment in full without set off or deduction we reserve the right to
charge interest on any sums outstanding after 30 days
at 4% over Barclays Bank Plc base rate.
C. We have the right to keep hold of a vessel, its gear and equipment and any other goods on
which we have worked or in respect of which we
have provided services pending payment in full or all sums due to us in respect of the provision of
any such work or services. During any
such period of retention we reserve the right to continue to charge for storage, hard standing and
berthing at our usual commercial rates.
6. GUARANTEE
A. Nothing in these terms affects the statutory rights of any customer who contracts with us
as a consumer.
B. We guarantee our work for a period of 12 months from completion against all defects which
are due to poor workmanship or defective
materials supplied by us. We shall be liable under this guarantee only for defects appearing during
this 12-month period which must be
promptly notified to us in writing.
C. On notification by the customer of such defects, we will investigate the cause and if they
are our responsibility under the terms of this guarantee
we will promptly remedy them or, at our option, employ other specialist contractors to do so. Any
remedial work which is put in hand by
the customer other than through ourselves in accordance with the terms of this guarantee may
invalidate this guarantee in respect of such
defects if we are not advised beforehand and given the opportunity to inspect and agree such work
and its cost.
D. Where we supply goods or services to a customer in the course of his business:
1. No such goods or services shall carry any express or implied term as to quality or fitness
for any particular purpose unless prior to the supply
the customer has sufficiently explained the purpose for which it is required and made it clear the
he is relying on our skill and judgment.
2. No proprietary article specified by name, size or type by a business customer shall carry
any such express or implied term but we will assign
to the customer any rights we may have against the manufacturer or importer of that article.
3. In no event do we accept liability to a business customer for consequential damage beyond
replacement of any faulty or unsuitable
article supplied by us.
E. Where we supply goods or services to boat owners.
Whilst we make every effort to be of help and assistance to our public customers, any advice given
in the course of a discussion with any
member of our staff with regard to existing or potential significant defects to a vessel, should be
officially verified in writing before committal
to any remedial work or replacement of any proprietary equipment.
7. QUALITY STANDARDS
We will complete our work to the agreed specification and, in the absence of any other contractual
term as to quality, to a satisfactory quality.
8. ACCESS TO PREMISES / WORK ON THE VESSEL
A. Subject to paragraph B of this Clause no work shall be done on the vessel, gear, equipment
or other goods while on our premises without our
prior written consent other than minor running repairs or minor maintenance of a routine nature by
the customer, his regular crew or members
of his family not causing nuisance, or annoyance to any other customer or person residing in the
vicinity, nor interfering with our schedule of
work, nor involving access to prohibited areas.
B. Prior written consent will not be unreasonably withheld where:
1. The work is of a type for which we would normally employ a specialist subcontractor; or
2. The work is being carried out under warranty by the manufacturer and/or supplier of the
vessel or any part of the equipment to which
the warranty relates.
C. Notwithstanding the foregoing, during periods of work by us on the vessel, neither the
customer nor his invitees shall have access to the
vessel without our prior consent, which consent shall not be unreasonably withheld. In the event of
such access being permitted, it will be
at the customer's own risk.
9. SALE OF VESSELS IN YARD CUSTODY
Any Owner who intends to sell a vessel which is in the custody of Dell Quay Marine, to a purchaser
introduced by a Broker other than the on-site
Dell Quay Yard Broker, should ensure that the Broker is made aware, that in accordance with Dell
Quay Marine Terms and Conditions of Business,
the Broker is required to pay the Dell Quay Broker, a Yard commission of 1% of the sale price plus
VAT on completion of any sale.
10. RIGHT OF SALE
A. Where we accept vessels, gear, equipment or other goods for repair, refit, maintenance or
storage we do so subject to the provisions of the
Torts (Interference with Goods) Act 1977. The Act confers a right of sale on us in circumstances
where the customer fails to collect or
accept re-delivery of the goods (which includes a vessel and/or any other property). Such sale will
not take place until we have given notice
to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
1. Goods for repair or other treatment are accepted by us on the basis that the customer is
the owner of the goods or the owner's authorised
agent and that he will take delivery or arrange collection when the repair or treatment has been
carried out;
2. Our obligation as custodian of goods accepted for storage ends on our notice to the
customer of termination of that obligation;
3. The place for delivery and collection of goods shall be at our premises unless agreed
otherwise.
B. In certain other circumstances we may be entitled to have vessels or goods sold through
the Court for non-payment of invoices.
11. SUB-CONTRACTING
We may sub-contract all or part of the work entrusted to us by the customer, on terms that any such
sub-contractor shall have the protection
and benefit of all rights and conditions, and of all limitations and exclusions of liability,
contained in these Terms of Business.
12. ANCILLARY PROVISIONS
A. If any provision of these Terms of Business is deemed for any reason to be invalid, void
or deleted, the Terms of Business shall
nonetheless remain in full force and effect as if such provision had not originally been included.
In such circumstances, we and the customer
shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory
alternative provision in place of the invalid,
void or deleted provision.
B. Notices to a customer shall be deemed to have been
sufficiently served if sent by first class post to the customer's last known address.
Notices to us should be sent by first class post to our principal trading address.
C. These terms are subject to English law and any dispute
arising under them shall be submitted to the jurisdiction of the Courts of England
and Wales.
Appendices to General Terms and Conditions of Business
Includes supplementary terms and conditions to the above
Appendix 1 : Yard Regulations
Appendix 2 : Storage
Appendix 3 : Moorings
Appendix 4 : Boat Transportation by Road
Appendix 5 : Boat Movement by Water
Appendix 6 : Conditions of Quotation - Osmosis Treatment
Terms and Conditions of Business are subject to
alteration
from time to time, without notice